A Golden Chain

Quest. III. Whether an oath made by fear or compulsion bind in conscience. For example: A thief disappointed of the booty which he looked for, binds the true man by solemn oath upon pain of present death to fetch and deliver unto him some portion of money, as one 100. or 200. crowns for the redeeming of his life. Well, the oath is taken, and the question is; whether it bind him or not to perform his promise. An answer may be this: some ^aProtestant divines think it doth bind: some again think^b no: but I take it the safest course to hold the mean between both, on this manner. The oath seems to bind, and is to be performed: neither is it against the good of the common-wealth (for then it were unlawful) but it is rather a furtherance in that a member thereof is preserved: and the losses which follow are only private to the man, rather to be endured then loss of life. Yet that a remedy may be had of this private injury, and that a public mischief may be prevented, the party is to reveal the matter to the Magistrate, whose office it is to punish robbers and to order all things according to equity for the common good. But if the case fall out, that the man through exceeding fear do further swear to keep silence, I see not how his oath may be kept, except he be sure that nothing will ensue thereof, but a private damage to himself. For otherwise perpetual silence seems to be a secret consenting to the robber, and an occasion that others fall into the like danger and hazard of their lives.

Quest. III. Whether an oath made by feare or compulsion bind in conscience. For example: A thiefe disappointed of the bootie which he looked for, bindes the true man by solemne oath vpon paine of present death to fetch and deliuer vnto him some portion of money, as one 100. or 200. crownes for the redeeming of his life. Well, the oath is taken, and the question is; whether it bind him or not to performe his promise. An answer may be this: some ^aProtestant diuines thinke it doth bind: some againe thinke^b no: but I take it the safest course to hold the meane betweene both, on this manner. The oath seemes to binde, and is to be performed: neither is it against the good of the common-wealth (for then it were vnlawfull) but it is rather a furtherance in that a member thereof is preserued: and the losses which follow are onely priuate to the man, rather to be endured then losse of life. Yet that a remedie may be had of this priuate iniurie, and that a publike mischiefe may be preuented, the partie is to reueale the matter to the Magistrate, whose office it is to punish robbers and to order all things according to equitie for the common good. But if the case fal out, that the man through exceeding feare doe further sweare to keepe silence, I see not how his oath may be kept, except he be sure that nothing will ensue thereof, but a priuate domage to himselfe. For otherwise perpetuall silence seemes to be a secret consenting to the robber, and an occasion that others fall into the like danger and hazard of their liues.